Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698941669777.pdf (Uganda)
THE PARLIAMENT OF UGANDA Parlrament House, Plot Nos.

l6-18, ParhamentAvenue; P O Box 7178, Kampala - Uganda TelephoneNos.

:+256-10)414-317150/ltt0;Generalhne +256-(0Y14-377000;E-marl:clerk(rparliamcntgo.ug THI RI PL'BL]C0F LGANI) In any correspondence on lhrs 5uhJect please quote No .

.. .............. Z2nd JUly, 2019 The Speoker of Porlioment Porlioment of Ugondo P.O.

Box 7178 KAMPALA.

Rt.

Hon.


Speoker, ,;,ts i:D To P4 t!-..iI rr rt ,uru fU lJ L'(_ \- I: n tr t) f, 6l/q e p o RE: NOTIFICATION OF EXPIRY OF THE SIXTY DAYS REQUIREMENT FOR ISSUANCE OF A CERTIFICATE OF FTNANCIAL IMPTTCATIONS UNDER THE PUBTIC FINANCE MANAGEMENT ACT,2O15 (prMA) FOR THE pATtENTS' RTGHTS AND RESPONSIBIUTIES BlLL,20l8.
Reference is mode to the obove On lOth Jonuory, 2018,lwos gronted leove by Porlioment to introduce o Privote Members Bill titled the Potients' Rights ond Responsibilities Bill, 20lB ond occordingly on 27n March,2019 the Clerk to Porlioment wrote to the Minister for Finonce, Plonning ond Economic Development requesting for issuonce of o certificote of Finonciol lmplicotions for the Bill in occordonce with Section 76 (11 of the PFMA.
However, to dote the Certificote of Finonciol lmplicotions hos not been issued.

Awore thot Section 7 6(4) of the PFMA provides thot o Certificote of FinonciCIl lmplicotion sholl be deemed to hove been issued ofter 60 doys from the dote of request for the certificote, I note thot the 6o doys expired on I st June, 2019.

This is therefore to notify you of the expiry of the 60 doys ond to seek for your outhorizotion for Porlioment to process the Bill.

Yours cerely, AK m BUSTKI COUNTY, NAMUTUMBA DISTRICT.
Poul (MP) L cc.

The THE PATTENT',S RTGHTS & RESPONSIBTLTTIES BILL, 2OL9 MEMORANDUM 1.

OBJECT The general objective of this Bill is to operationalize objective XX of the 1995 Constitution of Uganda and to give the Patient's Charter the force of iaw.
The specific objectives of this Bill are to provide for- ( (il (ii) (iii) (iv) the rights of patients in a health care system; the duties and responsibilities of a health officer and a patient in the health care system; complaint and appeal mechanism; offences under the Act.

2.

WSTIFICATION FOR THE BILL.

Objective XX of the 1995 Constitution obligates the &ate to take all practical measures to ensure the prouision of basic medical seruices to the population.
Whereas this objective XX entifles every cittzen of Uganda to be given tJ.e minimum medical care in a medical facility, there is currently no law to operationalizing the objective.

This bill therefore seeks to operationa\ize National objective XX into act of Parliament so as to give it the force of law.
The Patient's Rights Charter, which contains the policy has many shortfalls that have hindered it from serving its intended purpose, nameiy- (a) The charter is not binding; (b) The Charter does not provide for a clear enforcement and implementation mechanism; and (c) The charter does not provide for sanctions in case of noncompliance.
The enactment of the bill witl therefore provide the framework and mechanism which will define the standard of healthcare expected of Page 1 hea-lth officers, spell out the rights and obligations of both health officers and patients, clearly define offences in the provision of health care and provide for a mechanism of recourse to justice in case of non- compliance with the provisions of the Act.

3.

THE BILL The Bill has seven parts and 2 schedules.


PART I- PRELIMINARY incorporate sections 1 and 2 and provides for the commencement and interpretation of words and phrases used in the 8i11.

PART II -RIGHTS OF A PATIENT incorporate sections 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 makes provision for the various rights granted to a patient while receiving health care.
PART III- RIGHT TO information and informed consent incorporates sections 13, 14,15, 16 and 17 which provide for the right to information and the requirement for informed consent of patients while receiving health care, the manner in which this consent should be given and circumstances under which this informed consent can be done without.
PART fV- HEALTH RDCORDS, incorporates sections 18, 19, 20 and 2L and establish an obligation on health officers to keep and maintain proper health records, patients' rights to these health records and the non - disclosure of information by health professionals, workers and other people except in accordance with the law.

PART V - DUTIES AND RESPONSIBILITIES OF A PATIENT AND CARE TAKEiRS.

It incorporates sections 22,23,24,25,26 and 27 all which set out the responsibiiities of the patient and care taker.
PART VI- COMPLAINT MECI{ANISM.

it incorporates sections 28,29,30 and 31 and sets out the procedure to be followed in filing a complaint by a patient.

PART \III -MISCELLAI{EOUS incorporates sections 32, 33,34, 35 and 36 covers the miscellaneous provisions of the Bill such as offences and penalties for breach of any of tle provisions of the 8i11.

The part gives the Minister power to make regulations and to amend the Schedules to ttre Act.
Page2 ( ( The First Schedule prescribes the value of a currency point and Second Schedule provides for health conditions that require written consent before treatment.

HON.

AI{AIVIBA PAUL MP.

Busiki County Namutumba District Page 3 THE PATIENT'S RIGHTS & RESPONSIBILITIES BILL, 2OL9 ARRANGEMENT OF CLAUSES PART I - PRE-LIMINARY 1.

Commencement 2.

Interpretation PART II- RIGHTS OF A PATIENT 3.

The right to basic medical services 4.

Right to emergency medical care 5.

Right to non-discrimination 6.


Right of a patient to human dignity and privacy 7.

Right of a patient to choose or change a health officer or health facility 8.

Right of a patient to seek second opinion 9.

Right to know the identity of a health officer 10.

1 1.

12.

Right to continuity of proper care Right to protection for patients involved in clinical trials Right of a patient to receive visitors PART III- RIGHT TO INFORMATION AND INFORMED CONSENT 13.

L4.

15.

16.

L7.
L4.

15.

16.

L7.

18. r9 20 2t 22 Right to information Informed Consent Health Care without informed consent Health care against the will of a patient Manner of giving informed consent.

Appointment of a Representative by a patient PART IV -HEALTH RECORDS Keeping health records Right of a patient to obtain health records Non-disclosure of information by health officers Disclosing of health records to another person PART V - DUTIES AND RESPONSIBILITIES OF A PATIENT AND CARE TAKER.
Page 4 ( 23 24 25 26 27 28 Provision of information and co-operation of a patient Respect for dignity of Health officers and employees of Health facilities Compliance with treatment instructions Compliance with referral process Respecting health facility Rules and Guidelines Financial obligations related to health care PART VI- COMPLAINT MECHANISM 29.

30.

31.

32.
Filing of a complaint by a patient Right to be heard Appealing the decision of the Council Compensation for wrong treatment ( PART VII - MISCELLANEOUS 33 34 35 36 37 Refusal of treatment Security at a health facility Respect of death wishes of a patient offences Regulations SCHEDULES FIRST SCHEDULE - Currency Point SECOND SCHEDULE - Treatments requiring written consent Page 5 A Biil for an Act ENTITLED THE PATIENT'S RIGHTS & RESPONSIBILITIES Act,2OL7 "An Act to prouide for the rights of a patient in the health care sgstem; right to ba.sic medical care; right to emergencg medical care; right to non-discrimination; right of a patient to infonnation; right of d patient to giae infonned consentl management of hea'lth recordsl duties and responsibilities of a patient; complaint mechanism in case of non-compliance; ofJences committed under the Act; and for related matters."
BE IT ENACTED by Parliament as follows PART I-PRELIMINARY 1.

Commencement.

This Act sha1l come into force on such a date as the Minister may, by statutory instrument, appoint; and the Minister may appoint different dates for the coming into force of different provisions of this Act.

2.
2.

Interpretation In this Act, unless the context otherwise requires - "Basic medical services" means the minimum level of health care considered to be necessarJr to protect, promote, improve or maintain the health of a person.
"care taker" means a person who has a personal interest in the health care of a patient including a member of the patient's family and care giver may be construed accordingly; "Council" refers to ttre statutory professional body established by Act of Parliament, responsible for licensing, monitoring and regulating the different medical practices in ttre country and including the Uganda Page 6 ( Medical and Dentai Practitioners Council, Uganda Nurses and Midwives Council and Allied Health Professionals Council.
"drud' means any substance or preparation used or intended to be used for internal or external application to the human body either in treatment of disease or for improving physiological functions; "emergency treatment" means medical treatment that is necessary to give to a person to- (a) save the iife of that person; or (b) prevent the person from behaving in a way that is likely to result into serious physical harm to that person or any other person; "health care" is the care given for maintenance or improvement of health through prevention, diagnosis, nursing or treatment of disease, illness, injury, and other physical or mental impairments in human beings "health officer" means any person who is involved in the provision of health care such as a doctor, nurse, allied health professional, administrative, scientific or support staff employed in the health facility or health service; "health facility'' includes a private hospital, clinic, nursing home, maternity centre or other specialised establishment as well as Government facilities of the same nature; "health record" means information that refers directiy to a patient's state of physical or mental health, or to the health treatment of it; ( "medical emergency'' a situation threatening immediate danger to the life or severe irreversible disability to a person, if health care is not given urgently; "Minister" means the Minister responsible for hea-lth; "patient" means a person requesting or receiving health care; PART II .
RIGHTS OF A PATIENT.

PageT 3.

Right to basic medical senrices.

A person shall be entitled to basic medica-l services in a government health facility.

4.

Right to emergency medical care (1) A person in a medical emergency shall be entitled to receive health care from a health facility.

(2) A health officer shall not deny emergency treatment to a person in a medical emergency.
(3) Where a health officer or health facility is unable to provide emergency treatment under subsection (2), the health officer or health facility sha-ll as soon as practicable refer the person to another health officer or health facility where the person can receive the appropriate health care.
(4) Without prejudice to the general effect of subsection (3), a patient who requires emergency treatment is entifled to a preliminary health examination and the most basic care before being referred to another health facility.

5.

Right to non-discrimination and equality.


(1) A patient has a right to receive treatment without any discrimination based on his or her ilL:ess or conditions, sex, race, colour, etl:nic origin, tribe, birttr, creed or religion, social or economic standing, political opinion or disability.

(2) It is the duty of the management of a medical facility to ensure that no form of discrimination against a patient takes place under the facility's care.

6.

Right of a patient to human dignity and privacy.


(1) A patient has a right to privacy and to be treatment with dignity.

(2) A health officer shall observe the privacy and dignity of a patient at all times during the treatment of a patient.

Page 8 ( ( (3) The management of a health facility shali ensure that its staff observe the privacy and uphold the human dignity of patients in the health facility.

7.
7.

Right of a patient to choose or change a health officer or health facility A patient has a right to choose or change a health officer or health facility at any time.

8.

Right of a patient to seek second opinion (1) A patient has a right to seek second opinion from an appropriate health officer about his or her health care.
(2) Subject to subsection (1), the management of the health facility has a duty to respect the patient's right to second opinion and should provide to the patient or caretaker all necessary records and information required for seeking such opinion without delay.

(3) The management of the health facility has a duty to ensure that no form of discriminatory behaviour or treatment is accorded by the staff of the health facility to a patient who exercises the right to seek second opinion.

9.
9.

Right to know the identity of health officer.

(1) A patient is entifled to know the identity and if necessar5i, the title of a health officer providing health care.

(2) The Minister in consultation with the relevant professional council or body shall by regulations prescribe the specific criteria and the manner of identification of health officers under subsection (1).

10.
Right to continuity of proper care (1) A patient has a right to continuity of care from a health facility (2) Where need arises either by decision of a patient or health facility, to transfer the patient to another health facility- Page 9 (a) in case of a decision by the health facility, the health officer shall give the patient or care taker a complete explanation of the reasons for the transfer, the arrangements made for the transfer and confirmation by the recipient health faciiity of the transfer; (b) the transferring health facility shall offer assistance including information and records to ensure proper referral and transfer of the patient; and (c) Where available, ambulance services shall be offered by the transferring health faciiity at the cost of the patient.
11.

Right to protection for patients involved in clinical trials (1) A person who consents to participate in a clinical trial has a right to be protected from all possible harm arising from the trial.
(2) A health facility or institution conducting a clinical trial, shall ensure compliance with the existing international and domestic laws, protocols, Regulations and Guidelines on clinical trial and in particular should ensure the following;- (a) the heaith officer administering the trial shail give all reievant information to the patient upon which the patient shall give informed consent in writing to participate in the trial; (b) the health officer administering the trial shall give to a patient written information about the drug or intervention to be used including the name, date, dose and duration of administration; (c) at all times, the health officer administering the trial shall observe the privacy of a trial patient and keep information gathered about the patient confidential; (d) the management of the institution shall give a patient who suffers adverse effects free medical management until recovery of the patient from the effects; (e) in case of impairment or disability of a patient arising from the clinica-i trial, the management of the institution Page 10 conducting the trial shall make adequate financial assistance to the patient and in case of death, compensation shail be given to the dependants of the deceased; (f) After the trial, participants shall be assured of access to the best treatment methods that have been proven by the study.
12.

Right of a patient to receive visitors (1) A patient receiving health care at a health facility may receive visitors in accordance with the guidelines of the health facility.

(2) The management of the health facility shall ensure that the guidelines mentioned in subsection (1) are displayed in a conspicuous place in the health facility.

PART III - RIGHT TO INFORMA:TION AND INFORMED CONSENT 13.
Right to information (1) It shall be the duty of a medical worker or a medical facility to give information to a patient about the nature, cause of illness, diagnosis, proposed investigations and management or possible complications of the medical condition of the patient.

(2) A medical worker has a duty to ensure that the information is provided to a patient in a language known and understood by the patient or the care giver.
(3) A medical worker or health facility has a duty to provide to a patient or his or her care taker information regarding the expected cost of treatment.

L4.

Informed consent (1)As far as practical, a patient has the right to give informed consent prior to any test or treatment being administered to the patient.
(2)A health officer shall furnish a patient with all relevant information pertaining to the proposed medical procedure or treatment to be administered and the health status of the patient in order to enable the patient make informed consent.

Page 11 (3) Notwithstanding subsection (2), a health officer may withhold information from the patient concerning the health status of the patient where the information is likely to cause severe harm to the mental or physical health of the patient.
(4)Where a health officer withdraws information from a patient in the interest of the patient's welfare, the health officer shall furnish the information to the care taker and explain the consequences of revealing the information to the patient.

(5)A health officer shall furnish information to the patient or a care taker at the earliest stage of treatment and in a manner that maximizes the ability of the patient to understand the information and to make free and independent decisions.
(6) For purposes of this section, information pertaining to the health of a patient includes- (a) diagnosis of the patient's health condition; (b) description of the proposed treatment, anticipated benefit and likelihood of success; (c) risks entailed in the proposed treatment, including side effects, pain, and discomfort; (d) alternative treatment; (e) the risks of not receiving treatment.

15.
Health care without informed consent (1) A health officer may give health care to a patient without frrst obtaining informed consent from the patient in the foilowing circumstances- (a) the physical or mental state of the patient does not permit obtaining informed consent from the patient at the time of seeking health care; (b) the family or care taker of the patient gives written consent on behalf of the patient; or (c) the condition of the patient requires immediate attention, and;- (il (ii) he or she is a minor; and it is not possible to access the parents or guardian or caretaker.
Page L2 ( ( ( (d) failure to treat tle patient, or group(s) of people will result in a serious risk to the general public or is in public interest; (e) any delay in the provision of the health care to the patient might result in irreversible damage to the health of the patient or death.

16.
Health care against the will of a patient Where, after a health examination, a patient is considered to be in grave danger but the patient rejects health care which in the circumstances must be given immediately, a health worker shaii give the patient health care against the wiil of the patient upon satisfaction of any one of the following conditions- (a) the patient has been given all relevant information pertaining to his or her health to enable the patient to make informed consent; or (b) the proposed health care is anticipated to significantly improve the patient's health condition; or (c) the health condition of the patient is infectious and if heath care is not given, it will affect the health of the general public.
(2) In a medical emergency, o health officer may give health care without the informed consent of the patient or care taker.

L7.

Manner of giving informed consent (1) Informed consent may be given verbally, in writing, or demonstrated by sign language or by the patient's behaviour or demeanour.

(2) Informed consent to one of the treatments enumerated in Schedule 2 shall be given in writing.
(3) Where a patient is incapable of providing written consent under subsection (2), the patient shall give his or her consent by whichever form before two witnesses, after which one of the witnesses shall put the consent in writing and both witnesses shali sign on it.

(a) In the case of medical emergency, informed consent to one of the treatments in Schedule 2 rrray be given verbally by the Page 13 patient or care taker, however the verbal consent shall be put into writing as soon as practicable.

18.
18.

Appointment of a Representative by a Patient (1) A patient may by a power of attorney appoint a representative to give consent and make decisions on behalf of the patient in regard to health care; (2) The power of Attorney shall detail the circumstances under which the representative shali have the authority to consent and make decisions on behalf of the patient.
(3) In case there is no appointed representative by the Patient, the following shall give consent on behalf of the patient and priority shall be as set out in this sub-section; (i) (ii) (iii) (iv) (v) (vi) (r.ri) (rriii) husband or wife; son or daughter of or above eighteen years; father or mother; brother or sister; grandparent or grandchild; uncle or aunt; guardian; or care taker PART IV.

HEALTH REICORDS 19.
HEALTH REICORDS 19.

Keeping health record.s C (1) It is the duty of a health officer to compile a patient's medical record as prescribed under this Act.

(2) A health record shall include the following- (a) the patient's bio-data; (b) the diagnosis of the health condition of ttre patient; (c) the health care or treatment prescribed; (d) the previous health record of the patient in relation to the current health condition and any health care received, if any; (e) next of kin; (f) allergies etc.
Page 14 (3) It is ttre duty of the management of a health facility to keep custody of health records of patients.

(4) Where a health officer gives the patient the health records to keep, the health officer shall record this fact.

(5) The management of health facilities shall maintain and preserve records in accordance with the National Records and Archives Act, 2001.

20 Right of a patient to obtain health records.


(1) A patient is entitled to obtain from a health officer or health facility his or her health records.

(2) Notwithstanding subsection (1), a health officer or health facility may decline to avail the patient with a health record where the information in the record may cause emotional distress or grave harm to the physical or mental health of the patient or endanger his or her life.
(3) Where information is withheld under subsection (2), the patient may apply to the Minister to review the decision.

(4) Where the Minister allows the health record to be disclosed, the patient shall undergo counselling before disclosure of such record is made.

2L.
2L.

Non-disclosure of health record by health officer (1) Subject to Section 22, a health officer or an employee of a health facility sha1l not disclose any health record regarding a patient to a third party without the consent of the patient, which is brought to their knowledge in the course of their duty or work.

(2) A person who contravenes the provisions of this section commits an offence and is liable on conviction to a fine not exceeding frfty currency points.
Disclosing of health records to a third party.
22 (1) A health officer or health facility may avail health records to another person in any of the following cases: Page 15 C (a) the patient has consented to the disclosure of the health records; (b) the health officer or health facility are obliged to avail the health records in accordance with existing laws; (c) the disclosure is for the purpose of the patient's treatment by another health officer or health facility; (d) disclosure is for the purpose of publication in a medical journal, or for research or teaching purposes, in accordance with the Minister's directions on this matter, and all details of the patient are made anon5nnous.
(3) A person obtaining the health records under the provisions of this section shall use them in confidentiality unless authorized by law to do otherwise.

PART V. DUTIES AND RESPONSIBILITIES OF A PATIENT AND CARE TAKER.

23 Provision of information and co-operation of a patient.
(1) A patient or care taker has the responsibility to provide the health officer with relevant, accurate and complete information about any complaints, past ilhresses, hospitalisations, medications, directives and other matters relating to the health of a patient.

(2) it is the duty of a patient or a care taker to co-operate with the health officer or employees of a health facility without concealing any information about the healttr of the patient.

24.
24.

Respect for dignity of Health officers and employees of Health C facilities (1) A patient or caretaker has the duty to respect the dignity and rights of a health officer or employee of a health faciiity.

(2) In case, of a grievance against a health officer of employee of the health facility, a patient shail resort to the available mechanisms to address the grievances.
(3) it is stricfly prohibited for a patient or a care taker to use violence against a health officer or employee of a heaith faciiity without reasonable cause.

(4) Subject to subsection (3), a patient or care taker who resorts to violence shali be subjected to prosecution in accordance with the laws of Uganda.

25.

Compliance with treatment instructions.


Page 16 (1) It is the duty of a patient to take care of his or her own health and to comply with the treatment or any procedures prescribed to a patient.

(2) It is the duty of a patient to attend or care taker to ensure that a patient attends to scheduled health care appointments.

26.

Compliance with referral process.

A patient or care taker has the duty to comply with the referral process established by the Minister or by law.

27.
27.

Respecting Health Facility Rules and Guidelines.

28 ( (1) A patient or care taker has a duty to respect the rights of other patients.

(2) A patient or care taker has the duty to respect the guidelines of a health facility including maintaining silence, not smoking in non-smoking zones, following visitation policies/hours and security procedures arnong others.
(3) A patient or a care taker has the duty to respect the property of the health facility, other patients and the general public at the health facility.

(4) A patient or care taker has a contributory duty of keeping ttre health facility clean.

(5) A health facility reserves the right to discipline patients or care takers who disregard the health facility rules or guide lines.

Financial obligations related to health care.


(1) It is the duty of a patient or care taker to meet the financial obligations of the health care of the patient in accordance with the prevailing laws.

(2) Notwithstanding Sub-section (1), the management of a health facility shall not detain a patient or the dead body of a patient in a health facility on grounds of failure to meet financial obligations of the health care received by the patient.
(3) The patient, who is discharged under sub-section (2), shatl with the approval of the management of the health facility make a schedule detailing how and when payment of the money owed to the health facility is to be completed.

Page 17 PART \rI- COMPLAINT MECHANISM 29.

Filing of a complaint by a patient.


(1) A patient may file a complaint to the Council that is mandated to supervise the health officer about the manner in which the patient was treated by the health officer and have the complaint investigated.

(2) Each Council shall establish a procedure for the filing of a complaint for the health officers supervised by the council.
(3) The procedures for flling complaints must- (a) be displayed by all health faciiities in a manner that is visible for a person entering the health facility and the procedure must be communicated in a language easily understood in that area; (b) in the case of a private health facility, allow for the filing of a complaint with the head of the relevant health facility; (c) inciude provisions for the acceptance and acknowledgement of every complaint directed to a health facility; (d) allow for the referra-l of any complaint that is not within the jurisdiction or authority of the health facility to the appropriate Council or health facility.
(a) The complainant shall in filing a complaint follow the procedure laid down by the Council under subsection (2).

30.

Right to be heard.

(1) The Council shail give an opportunity to the complainant and the health officer to appear in person or by representation before the Council within fourteen days from the date of receipt of the complaint.

(2) The Council after hearing both sides shall cause investigations to be carried out on the complaint.
(3) Where a representation is not made under subsection (1), the Council may make a determination of the complaint basing on facts got from the investigations.

Page 18 ( C (a) The Council shall within one month after the receipt of a complaint make a decision and inform the complainant and health worker of its decision.

31.

Appealing the decision of the Council.


A complainant or health officer who is dissatisfied with a decision of the Council may appiy to the High court to review the decision of the Council.

32.

Compensation for wrong treatment.

A Council or Court may in determining a complaint, order a health officer or management of a health facility to compensate a patient including for wrong treatment.

33.
33.

Refusal of treatment PART \rII - MISCELLANEOUS (1) A patient may refuse treatment or health care (2) The patient or care taker takes responsibility for refusal to receive treatment, quitting treatment or not following the instructions of the treatment or procedures given as health care.

34.

Security at a health facility.

(1) It is the duty of the management of a health facility to ensure security of the health facility.
(2) Notwithstanding sub-section (1), a patient or care taker has a duty to observe all security measures in the health facility.

35.

Respect of death wishes of a patient.

(1) A patient has a right to make his or her death wishes to a health officer in case of death while at a health facility.

(2) The health officer shall as much as practicable comply with the death wishes of a patient.

36.
Offences A person who- Page 19 ( (a) denies basic medical services to a patient; (b) denies emergency medical care to a patient; (c) discriminates a patient on any ground; (d) denies proper medical care or continuity of proper medical care (e) does not seek informed consent as provided for in this Act before administering treatment; (f) wilfully violates any of the rights provided for in this Act; (g) refuses to provide a health officer with such information as that person is required to provide under this Act; (h) knowingly gives false or misleading information to a health officer; (i) discloses any information regarding a patient in contravention with the provisions of this Act; fi) disrespects the privacy and dignity of a patient; (k) charges for health care or a portion of it which is meant to be free of charge; commits an offence and is liable on conviction to a fine not exceeding one hundred currency point or imprisonment not exceeding twelve months or both.
37 Regulations (1) The Minister ffiay, by statutory instrument, make regulations to give effect to the provisions of this Act and for the better carrying into effect of the provisions of this Act.
(2) Without prejudice to the general effect of subsection (1), the Minister may prescribe- (a) the manner in which a power of attorney may be given under this Act; (b) the manner for review of the decision of the health officer or heath facility to withdraw information from a patient; (c) when and how to disclosure information of a patient to a third person; (d) how the records are to be kept in respect by a health facility; (3) Regulations made under subsection (1) may- (a) prescribe fees in respect of anything to be done under ttris Act; Page 20 (b) prescribe penalties for the contravention of the regulations not exceeding a fine of one hundred and twenty currency points or imprisonment not exceeding twelve months or both (c) prescribe a higher penalty for repeated or continued offences; 37.
Power to amend Schedules.

(1) The Minister ffioy, with the approval of the Cabinet by statutory instrument, amend the First Schedule.

(2) The Minister may arnend the Second Schedule ( ( Currency point SCHEDULE 1 Page 2L One currency point is equivalent to twenty thousand shillings ( ( Page 22 SCHEDULE 2 Treatments requiring written consent 1.

Surgery, other than minor surgery.

2.

Blood vessel catheterization.

3.

Dialysis.

4.

Radiotherapy.

5.

In-vitro fertilization.

6.


Chemotherapy for malignancies 7.

Treatment administered in the course of a clinical trial 8.

Procedures that may affect persons other than the patient 9.

For the purpose of preventing the spread of an infectious or contagious disease; ( Page23 Cross Reference The Allied Health Professionals Act, Cap 268 The Medical and Dental Practitioners Act, Cap 272 Nurses and Midwives Act 1996, Cap 274 The National Records & Archives Act, 2OOL ( ( \- Page 24